Koozoo Legal Agreements

 

Revised as of: 28 February 2013

 

Welcome to the growing Koozoo community.

 

Koozoo endeavors to be transparent in how it does business. We pledge to establish rules of conduct and privacy policies in a candid, open, and frank manner. Before you begin using Koozoo, we therefore need to go over a few important topics that will govern your relationship with Koozoo as an End User.

 

 

I. Terms of Service

 

   

 

Terms Used in this Document

 

•   End User: Any person who uses the Client Software, Website, and/or Widget to enjoy the Service provided by Koozoo.

•  Community: A term used to collectively refer to all End Users using the Service.

•  Content: The views and all associated data that is transmitted via the Service.

•   Client Software: An application for mobile devices that allows its user to transmit live video streams and view live video streams and recorded content through the Internet via the Service.

•   Service: The experiences and information provided to the Community via the use of the Client Software, Website, and Widget.

•   Website: Any of the functionality and content available on www.koozoo.com, whether accessed publicly or via a User Credential.

•   Widget: Code snippet that allows viewing of a Koozoo video stream on any website.

•   Terms: This document, in its entirety.

•   User Credential: The username and password used to verify your identity to Koozoo (or appropriate intermediary parties) and grant you access to the Service.

 

Qualifications

 

In order to use the Service, you must:

•                (a) be at least 18 years of age; AND

•                (b) agree to be bound by these Terms of Service.

If you do not meet both of these requirements, you may not use the Service. Additionally, while Koozoo will make every effort to notify you of changes to these Terms, Koozoo reserves the right to update and revise these Terms from time to time without notice to you. The latest version of these Terms will be posted on the Koozoo website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Protection of Credential

Koozoo is providing you access to the Service for your individual benefit. You are not allowed to share your access to Koozoo with any other party.

Term

These Terms shall continue and remain in full effect as long as you use the Service.

Intended Use of Broadcasting Features

The Service is intended to share views that show locations openly accessible to the general public where no expectation of privacy exists.

 

Examples of permitted locations/scenes are:

 

•     Public Streets (vehicle and pedestrian traffic)

•     Common areas (public parks, cafes, bars, restaurants, beaches, courtyards, shopping districts/areas)

•     Scenic views (landmarks, city skylines, harbor/ocean views)

•     Animals

 

Examples of non-permitted locations are:

 

•     Bathrooms

•     Bedrooms

•     Changing areas

 

Before broadcasting in a private location, consider whether:

 

•     (a) you have authority or the owner’s permission to stream such views; AND

•     (b) these views comply with Koozoo’s Acceptable Use Policy (see below).

 

It is your sole obligation to obtain permission for broadcasting any private locations if you do not already possess such rights. Koozoo will ban Content and End Users from the Service if these prohibitions are violated.

You also acknowledge and agree that in order to operate the Service, Koozoo may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Koozoo, its End Users and the public.

No Content Guarantees

Koozoo does not control the Content posted via the Service and does not guarantee the accuracy, integrity, quality, usefulness or safety of any such Content. Should you find any content provided through Koozoo violates the Acceptable Use Policy, you are encouraged to immediately notify Koozoo of such developments using the controls provided within the user interface.

You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, indecent, offensive, objectionable or that are otherwise in violation of these Terms, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Koozoo with respect thereto. Under no circumstances will Koozoo be liable to you or to any third party in any way for any Content or the use or inability to use any Content.

License to Your Content

By broadcasting Content via the Service, you grant Koozoo a royalty-free, irrevocable, world-wide license to use, copy, distribute, perform, display and make derivative works of the Content for any purpose in connection with Koozoo’s or its affiliates’ websites and businesses.

Acceptable Use Policy

You agree that you shall not:

 

•     (a) upload, stream, transmit or otherwise make available any Content that is unlawful, harmful, threatening, objectionable, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically or otherwise objectionable, adult in nature, or pornographic (including without limitation child pornography);

•     (b) harm minors in any way;

•     (c) impersonate any person or entity, including without limitation any Koozoo personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

•     (d) upload, stream, transmit or otherwise make available any Content that you do not have a right to transmit under any law or contractual or fiduciary relationship;

•     (e) upload, stream, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

•     (f) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

•     (g) harass another;

•     (h) use the Service as a forwarding service to another website;

•     (i) distribute, display, or perform the Content other than for your own personal or your own business use without Koozoo’s prior written authorization.

 

Proprietary Rights and Restrictions

The Service and any Content or software accessed through or provided in connection with the Service contains proprietary information of Koozoo, its licensors and others that is protected by applicable intellectual property and other laws. Except as expressly authorized by Koozoo or its licensors, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Client Software, Website, Widget, Service or any software or Content accessed through or provided in connection with the Service, in whole or in part. Koozoo and its licensors reserve all rights not expressly granted in and to the Client Software, Website, Widget, Service, such software and such Content.

Certain Information Provided by You

If requested by Koozoo to provide information, such as in connection with a registration process, your use of the Service shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service’s interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.  Koozoo does not permit individuals to register or use the service pseudonymously.  You must register to use the service using your full, legal name.

Termination

Koozoo reserves the right to terminate your access to and/or use of the Service and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these Terms. You agree that any termination of your access to or use of the Service may be effected without notice to you and that Koozoo shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that Koozoo shall not be liable to you or any third-party for any such termination of the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE, ANY SOFTWARE OR EQUIPMENT PROVIDED, AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE, ANY SOFTWARE OR EQUIPMENT PROVIDED TO YOU BY KOOZOO, AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOOZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) KOOZOO WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, KOOZOO IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. KOOZOO DOES NOT WARRANT THAT (i) THE SERVICE, ANY SOFTWARE OR EQUIPMENT PROVIDED, OR CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOOZOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS OR OTHER INTANGIBLE LOSSES (EVEN IF KOOZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE, ANY SOFTWARE OR EQUIPMENT PROVIDED, OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT KOOZOO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR CONTENT THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGAL AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

Miscellaneous

 

•     (a) These Terms and the relationship between you and Koozoo shall be governed by the laws of the State of California without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California;

•     (b) No failure of Koozoo to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision;

•     (c) These Terms and Koozoo’s Privacy Policy constitute the entire agreement between you and Koozoo relating to the Service, superseding any prior agreements between you and Koozoo;

•     (d) If any provision of these Terms or incorporated documents are found adjudicated invalid, such provision shall be reformulated to give the maximum enforceable effect to the intent of the original provision, and, in no case shall the adjudicated invalidity of a particular provision or provisions render these Terms invalid;

•     (e) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred; and

•     (f) Section titles in these Terms are for convenience only and have no legal or contractual effect.

 

II. Privacy Policy

 

   

 

Koozoo, Inc. and its divisions, affiliates and subsidiaries (hereinafter “Koozoo”) respects the privacy and the integrity of any information that you provide us as an End User. We are committed to keeping your information protected and respecting your privacy preferences where they can be accommodated consistently with Koozoo’s core product services. We have therefore created the following Privacy Policy to summarize Koozoo’s policies and practices relating to the use of your private information.

Application of This Policy

This Privacy Policy applies to the Koozoo platform and its related services, websites, and client software products. It will tell you how and why we gather personal and non-personal information about you.

Koozoo’s web site may contain “hyperlinks” to other websites. We are not responsible in any way for the privacy practices on other websites and suggest that you review the privacy policies on those linked websites before using them.

Regarding Children and Minors

Children and minors under the age of 18 are not permitted to become an End User and we do not intentionally collect or maintain personal information from those who are under 18 years old.

If we obtain actual knowledge that a user is under 18, we will take steps to remove that user’s personal information permanently from our databases. By using Koozoo, you are representing that you are at least 18 years old.

Collection of Information

Personally identifiable information or personal information is defined as information that identifies you, as an individual, and includes your name, birthdate, home address, telephone number, e-mail address and zip code.

We only collect personally identifiable information about you after you have specifically and knowingly provided such information to us. By voluntarily providing this information to us at various points when using our Service, you will be consenting to the collection and use of your personal information by us for purposes of operating the Service.

Why We Collect Your Information

 

If you participate in the Service, your personal information will be used for the purposes of that online activity, unless you otherwise provide us with your consent. For example, we will collect and use personal information for the following purposes:

 

•     To attempt to verify age requirements.

•     To provide the Services in a manner that is relevant to your needs and interests.

•     To respond to your questions or comments you forward to us.

•     To run comment areas or other areas of interaction with other members.

•     To keep aggregate information on use of the Service.

 

Disclosure of Your Personal Information

We will not sell, rent, barter or otherwise exchange for value your personal information to any other party without your consent. Koozoo, however, does reserve the right to sell, rent, barter, or otherwise exchange any Content you provide to the Community.  We will not associate your name or email address with any Content you provide that is subsequently sold, rented, bartered, or exchanged unless you specifically request such a disclosure.

In the course of operating the Service, we may disclose your personal information only in the following circumstances:

 

•     (1) We may employ third parties to facilitate the delivery of the Service (such as sending emails). Access to your information by these partners is limited only to these business activities related to providing you with the Service.

•     (2) We may also be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority.

•     (3) Koozoo is inherently a “social network.” When sharing live views and snippets on Koozoo, your name and picture may be associated with content you contribute.  This may include live broadcasts, recorded broadcasts, comments, “likes,” and other forms of content not yet available on Koozoo.

•     (4) Koozoo may also disclose your use of Koozoo to other Koozoo members with whom you are associated on other social networks such as Twitter, Facebook, Gmail, Google +, Tumblr and others. You are responsible for understanding the terms of service, privacy policy or related documents governing the sharing of any content with any social networks with which you have chosen to associate.

 

 

Non-Personal Information

In addition, we collect non-personally identifiable information, which is information that does not identify you personally, but becomes available to us as a result of your use of the Client Software, the Website and the Widget. This information includes; your IP address, a number automatically assigned to your computer when you visit the Website; your Internet Service Provider; and your Web browser. One way we use this non-personal information is as a diagnostic and administrative tool for identifying system problems and administering our Web site.

We also use cookies within our Website and Widget. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of our Web site and provide convenience features tailored to your preferences. If you do not want cookies to be used, you should access the features of your web browser for the procedure to disable the cookies.

We collect personal and non-personal information in a non-identifying, anonymous and aggregate form to enhance the Service. We may also share this aggregated data with partners or advertisers for statistical purposes. These statistics and reports do not contain personally identifiable information.

 

Notification of Breach

In the event that your personally identifiable information is compromised as a result of a known or suspected breach of security, we will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this privacy policy, or as otherwise required by applicable law.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our users via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on our application or web site page, as solely determined by us. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications to our End Users.

Changes to Privacy Policy

We may change this Privacy Policy as new services are added or old ones are changed. Such changes will be effective when a notice of the change is posted on our Web site. Please check this Privacy Policy from time to time for updates by checking the date of the Last Update at the top of this document.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at support@koozoo.com.